HB 95 — AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO COMPANION ANIMALS IN THE DISPOSITION OF MARITAL PROPERTY.

Summary

This Act requires Family Court to award possession and provide for the care of companion animals when dividing marital property after considering the well-being of the companion animal. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Bill Text

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This Act requires Family Court to award possession and provide for the care of companion animals during the division of marital property based on the animal's well-being.

• § 1503, Title 13

  any of the following: → any of the following:

  Clarifies that 'companion animal' is specifically defined and distinguishes it from other types of animals.

• § 1509, Title 13

  or spayed or neutered without the written agreement of both parties. → or spayed or neutered without the written agreement of both parties.

  Prohibits the transfer or alteration of companion animals without mutual consent during divorce proceedings.

• § 1513, Title 13

  if the court finds that a companion animal of the parties is marital property, it shall award ownership of and responsibility for the companion animal to 1 or both of the parties and may include responsibility for veterinary or other extraordinary expenses. → If the court finds that a companion animal of the parties is marital property, it shall award ownership of and responsibility for the companion animal to 1 or both of the parties and may include responsibility for veterinary or other extraordinary expenses.

  Establishes that ownership and care of companion animals must be considered in divorce proceedings.

• § 1513, Title 13

  the well-being of the companion animal. → the well-being of the companion animal.

  Mandates courts to consider the companion animal's well-being when making custody decisions.

• § 1513, Title 13

  to the following: → to the following:

  Outlines procedures for the disposition of shared interests in companion animals.

Action History

1. June 27, 2023

   Signed by Governor

2. May 16, 2023

   Passed By Senate. Votes: 21 YES

3. May 10, 2023

   Reported Out of Committee (Judiciary) in Senate with 1 Favorable, 4 On Its Merits

4. April 27, 2023

   Assigned to Judiciary Committee in Senate

5. April 27, 2023

   Passed By House. Votes: 36 YES 5 ABSENT

6. April 26, 2023

   Reported Out of Committee (Judiciary) in House with 5 Favorable, 3 On Its Merits

7. March 28, 2023

   Introduced and Assigned to Judiciary Committee in House

Sponsors

• Laura V. Sturgeon · Primary
• David P. Sokola · Primary
• Bryant L. Richardson · Primary
• Daniel B. Short · Primary
• Cyndie Romer · Primary
• David L. Wilson · Primary
• Darius J. Brown · Primary
• John "Jack" Walsh · Primary
• Nicole Poore · Primary
• Brian Pettyjohn · Primary
• Sean M. Lynn · Primary
• Russell Huxtable · Primary
• Krista Griffith · Primary
• Sean Matthews · Primary
• Paul S. Baumbach · Primary
• Sarah McBride · Primary
• Peter C. Schwartzkopf · Primary

Votes

Subjects